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I personally have three concepts in my head about stealing - perhaps more, if I were to think about it - because, hey, why have a 1-to-1 binding between words and meaning when you can have 1-to-many? One concept that I have is guided by the Rule of Law, it's entirely up to the laws of the jurisdiction to define the concept of theft. The phrase "is guilty of theft" in the California penal code, where the event happened, is enough for me. I take no offense, as a Nebraskan, that California law defines it in this way. Another concept that I have is defined by the mindset of the thief. Certain details of the story makes Brian J. Hogan smell like a thief to me. He had the opportunity to take it to the bartender's Lost & Found, but he did not. He didn't try to contact the owner, according to a recent story in Wired: A friend of Hogan’s then offered to call Apple Care on Hogan’s behalf, according to Hogan’s lawyer. That apparently was the extent of Hogan’s efforts to return the phone. After that, Brian started shopping the phone around to the highest bidder. These details paint a picture of a thief's mind, to me. Any thoughts he may have had about the owner were drowned out by thoughts of what he could gain. The only person in this tale that might be said to have a conscience is the idiot friend who made an offer to call a technical support line. Finally, I have a third, more nebulous concept based upon the owner of the item: I put myself in his place, and imagine how I would feel if it were my laptop, my messenger bag, my wristwatch, my phone. In this case, the only thing I can think of is that if the finder can't bring themselves to take the item to the establishment's Lost & Found so I can come back and get it, then he sure as hell better take action to find me. If he knows my name and knows that I have a facebook page, but does not contact me, I know what I'll think about him. In the end, though, it's only the law that matters. Sure, California's code is different, but I'm amazed at how well it captures the spirit of theft in this opportunistic edge-case. |